No 38

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 19 AUGUST 1998

 

 

1       Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon J K G Oswald) took the Chair and read prayers.

 

2       Petition No 86

         The Clerk announced that the following Member had lodged a Petition for presentation:

 

86   Mr Hill, from 369 residents of South Australia, requesting that the House urge the Government to exclude the post code area of 5173 from the ‘metropolitan area’ for the purpose of determining motor vehicle compulsory third party insurance premiums.

 

3       Answer to a question

An answer to a question without notice was tabled by the Speaker.

 

4       Legislative Review Committee - Report - Twentieth

Mr Condous brought up the Twentieth Report of the Committee.

         Report received.

 

5       Questions

         Questions without notice were asked.

 

6       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

7       Public Works Committee – Report – Botanic, Wine and Rose Development – Motion to note

Mr Lewis, pursuant to notice, moved - That the Seventy-Sixth Report of the Public Works Committee on the Botanic, Wine and Rose Development be noted.

         Debate ensued.

Ordered, on motion of Mr Brokenshire, by leave, that the debate be adjourned until Wednesday next.


8       Messages from the Legislative Council

         The following Messages from the Legislative Council were received and read:

 

         Police (Complaints and Disciplinary Proceedings)(Miscellaneous)

         Amendment Bill                                                                          Message No 100

MR SPEAKER – The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Police (Complaints and Disciplinary Proceedings) Act 1985, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 18 August 1998                                                J C Irwin, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No.1     Page 1, line 21 (clause 4) – After “amended” insert:

 

      (a) by inserting after subsection (2) the following subsection:

 

            (2a) The Commissioner or person representing the Commissioner in proceedings before the Tribunal must, at the commencement of the proceedings, indicate to the Tribunal which of the following categories of punishment the Commissioner considers would be appropriate if the Tribunal finds the member guilty of the breach of discipline:

                       

                        (a)           category A – termination or suspension of the member’s appointment or reduction of the member’s remuneration;

 

                        (b)           category B – transfer of the member, reduction in the member’s seniority or imposition of a fine;

 

                        (c)           category C – withdrawal of specified rights or privileges, a recorded or unrecorded reprimand, counselling, education or training or action of a kind prescribed by regulation;

 

      (b)

 

         No.2     Page 1 – After line 22 insert new clause as follows:

 

Amendment of s.46 – Appeal against decision of Tribunal or punishment for breach of discipline

      4A. Section 46 of the principal Act is amended –

 

      (a)     by striking out from subsections (1), (2), (4), (5), (6) and (7) “Supreme Court” (wherever occurring) and substituting, in each case, “Court”;

 

      (b)     by inserting after subsection (7) the following subsections:

 

                           (8) No further appeal lies against a decision of the Court made on an appeal under this section.

 

                           (9) In this section –

 

               “Court” means the Administrative and Disciplinary Division of the District Court.

 

                          J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

The Minister for Police, Correctional Services and Emergency Services (Hon I F Evans) moved – That Amendment No 1 be disagreed to.

         Question put.

         Committee divided (No 1):

 


                       Ayes, 22

 

Hon M H Armitage

Hon M K Brindal

Mr Brokenshire

Hon D C Brown

Hon M R Buckby

Mr Condous

Hon G M Gunn

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon I F Evans (Teller)


        Noes, 18

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Key

Mr Koutsantonis

Ms Rankine

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Conlon (Teller)


 

         So it was resolved in the affirmative.

        

         Resolved – That Amendment No 2 be agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the amendments referred to it and had agreed to Amendment No 2 without amendment and had disagreed to Amendment No 1.

 

         Wheat Marketing (Grain Deductions) Amendment Bill               Message No 101

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Wheat Marketing Act 1989; and to make a related amendment to the Barley Marketing Act 1993, without any amendment.

         Legislative Council, 18 August 1998                                                J C Irwin, PRESIDENT

 

9       Statutes Amendment (Fine Enforcement) Bill

         Order of the Day read for the second reading of this Bill.

The Minister for Government Enterprises  (Hon M H Armitage) moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Atkinson, that the debate be adjourned until tomorrow.


 

10      Bulk Handling of Grain Act Repeal Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clauses No 1 to 3 agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

Bill read a third time and passed.

 

11      Statutes Amendment (Motor Accidents) Bill

         Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

                                                Clause No 2 further considered and agreed to.

                                                Clauses Nos 3 to 5 agreed to.

                                                New clauses Nos 5A and 5B inserted.

                                                Clause No 6 amended and agreed to.

                                                Clause No 7 agreed to.

                                                Clause No 8 amended and agreed to.

                                                New clause No 8A inserted.

                                                Clauses Nos 9 and 10 amended and agreed to.

                                                Clause No 11 agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

12      Crimes at Sea Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.


 

13      Legal Practitioners (Miscellaneous) Amendment Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

14      Statutes Amendment (Attorney-General’s Portfolio) Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clauses Nos 1 to 23 agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Mr Venning reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

Bill read a third time and passed.

 

15      Message from the Legislative Council

         The following Message from the Legislative Council was received and read:

 

         Workers Rehabilitation and Compensation (Mental Incapacity)

         Amendment Bill                                                                          Message No 102

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Workers Rehabilitation and Compensation Act 1986, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 19 August 1998                                                J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         Ordered - That the second reading be an Order of the Day for tomorrow.


 

16      Transport Safety – Motion for Joint Committee

Order of the Day read for the consideration of Message No 83 from the Legislative Council relating to a Joint Committee on Transport Safety.

 

The Minister for Human Services (Hon D C Brown) moved – That this House concur with the Resolution of the Legislative Council contained in Message No 83 for the appointment of a Joint Committee on Transport Safety, that the House of Assembly be represented on the Committee by three Members, of whom two shall form the quorum necessary to be present at all sittings of the Committee; and that the Members for the Joint Committee to represent the House of Assembly be Hon G M Gunn, Mr Koutsantonis and Mr Scalzi.

Question put and passed.

 

17      Adjournment

The Minister for Government Enterprises  moved - That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 8.18 pm until tomorrow at 10.30 am.

 

____________

 

 

Present during the day - All Members except Hon J L Hall and Hon J W Olsen.

 

 

The following Pairs were handed in at the Table during the days proceedings:

 

Division No 1-

      Ayes -  Hon J L Hall, Mr Hamilton-Smith and Hon J W Olsen.

      Noes - Mr De Laine, Ms Hurley and Hon M D Rann.

 

 

 

 

 

 

                                                                                                               J K G Oswald

                                                                                                               SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY